Boone and Crockett Club Memorandum for the Solicitor

COPY
March 17, 1920.
MEMOHAHDUM r’OH TH JQLICITOH.
Dear Mr. '.Vi Hi am s:
The Governor of Alaska has submitted to the Attorney General of that Territory a letter setting forth a case wnich he desires to have tried in chamber before trie district Judge at Juaeau, for the purpose of having the court uecide that the grizzly bears of Alaska are not covered under the general term of brown bear in the i laskan game law, a .d consequently to permit grizzly bears to be killed anu their skins exported under the 1 laskan game law if sucn decision is made by him.
The term Mbro^vn bear” as used in the V.laska game lav/ was in­tended to cover all of the large brown bears of tne coast region of Alaska. In 1903, when that lav was passed, it was not known that grizzly bears were also found on tne south coast of that Territory and formed part of the big bears which we commonly termed ’’brown bears.” furthermore, dr. Aerriam iias found mat tne grizzles ana. brown bears of that rogion intergrade so completely that it becomes a practi- c 1 impossibility, even for a scientific expert like himself, to de­finitely determine to which class some oi them snould bo referred.
I am sending you a co >y of tne Governor’s letter to the Attorney General of tne Territory, which he has kindly given me with tne full knowledge that I intended to submit it to you for the purpose of having some action taken to oppose his case* V/ith this 1 am sending you copies of correspondence bearing on tie subject. Governor liggs in­forms me tnat it is expected that tne hearing of this case will take place in April befor tne District Judge in chamber at Juneau, Alaska# and I trust tnat your oifj.ee can prepare a brief, setting fortn our contention tnat tne term "brewn boar" in tne Alaskan game lav/ is a general term, covering all of tne big rown-colared bears of that re-' g$on, which includes both the animals which have since been more nar­rowly termed "brown boars” and tne "grizzly bears.”
I may say that while in some cases tne big brown boars and the big grizzlys of that rogion are very distinct in color, yet in other cases they are practically indistinguishable, and if it is ruled that the grizzlys are not protected under tiia law then it will be practical­ly impossible to continue any effective protection of tne brown bears, since no custom inspector would be qualified when hides arc shipped for export to determine whet ler they are grizzlys or not.
Boone and Crockett Club Records (Mss 738), Archives and Special Collections. Maureen and Mike Mansfield Library. University of Montana-Missoula.
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As a natural consequence, all of big bear skins would be free to pass out under the general classification of grizzly.
I snail appreciate it very much if this matter can be taken up and tne department be properly represented when tne case is presented to the Court.
Sincerely yours,
Chief of Bureau.
Inclosure 3620.
3WN - HH s
lcm
Boone and Crockett Club Records (Mss 738), Archives and Special Collections. Maureen and Mike Mansfield Library. University of Montana-Missoula.

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Transcript

COPY
March 17, 1920.
MEMOHAHDUM r’OH TH JQLICITOH.
Dear Mr. '.Vi Hi am s:
The Governor of Alaska has submitted to the Attorney General of that Territory a letter setting forth a case wnich he desires to have tried in chamber before trie district Judge at Juaeau, for the purpose of having the court uecide that the grizzly bears of Alaska are not covered under the general term of brown bear in the i laskan game law, a .d consequently to permit grizzly bears to be killed anu their skins exported under the 1 laskan game law if sucn decision is made by him.
The term Mbro^vn bear” as used in the V.laska game lav/ was in­tended to cover all of the large brown bears of tne coast region of Alaska. In 1903, when that lav was passed, it was not known that grizzly bears were also found on tne south coast of that Territory and formed part of the big bears which we commonly termed ’’brown bears.” furthermore, dr. Aerriam iias found mat tne grizzles ana. brown bears of that rogion intergrade so completely that it becomes a practi- c 1 impossibility, even for a scientific expert like himself, to de­finitely determine to which class some oi them snould bo referred.
I am sending you a co >y of tne Governor’s letter to the Attorney General of tne Territory, which he has kindly given me with tne full knowledge that I intended to submit it to you for the purpose of having some action taken to oppose his case* V/ith this 1 am sending you copies of correspondence bearing on tie subject. Governor liggs in­forms me tnat it is expected that tne hearing of this case will take place in April befor tne District Judge in chamber at Juneau, Alaska# and I trust tnat your oifj.ee can prepare a brief, setting fortn our contention tnat tne term "brewn boar" in tne Alaskan game lav/ is a general term, covering all of tne big rown-colared bears of that re-' g$on, which includes both the animals which have since been more nar­rowly termed "brown boars” and tne "grizzly bears.”
I may say that while in some cases tne big brown boars and the big grizzlys of that rogion are very distinct in color, yet in other cases they are practically indistinguishable, and if it is ruled that the grizzlys are not protected under tiia law then it will be practical­ly impossible to continue any effective protection of tne brown bears, since no custom inspector would be qualified when hides arc shipped for export to determine whet ler they are grizzlys or not.
Boone and Crockett Club Records (Mss 738), Archives and Special Collections. Maureen and Mike Mansfield Library. University of Montana-Missoula.
- 2 -
As a natural consequence, all of big bear skins would be free to pass out under the general classification of grizzly.
I snail appreciate it very much if this matter can be taken up and tne department be properly represented when tne case is presented to the Court.
Sincerely yours,
Chief of Bureau.
Inclosure 3620.
3WN - HH s
lcm
Boone and Crockett Club Records (Mss 738), Archives and Special Collections. Maureen and Mike Mansfield Library. University of Montana-Missoula.